S. Anargyros v. Anargyros & Co.

Citations

• 191 F. 208
• 1911 U.S. App. LEXIS 5523

Syllabus

<p>1. Appeal and Error (§ 1180*) — Injunction—Reversai^Effect.</p> <p>Reversal of an order granting an injunction which contemnors are charged with having, violated leaves no basis on which to rest a judgment for. a compensatory fine.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 4626-4631; Dee. Dig. § 1180.*]</p> <p>2. Contempt (§ 54*) — Proceedings—Pleading.</p> <p>Allegations, in moving papers for contempt, alleging the doing of certain acts, and charging the same to be in violation of complainant’s rights and of a preliminary injunction, and that respondents, by means of such acts, have interfered with complainant’s exclusive right to possess and enjoy the good will of a business to their irreparable injury, while appropriate to a proceeding for compensatory relief, were inappropriate in a proceeding to punish for criminal contempt.</p> <p>- [Ed. Note. — For other cases, see Contempt, Cent. Dig. §§ 143-149; Dee. Dig. § 54.*]</p> <p>3. Contempt (§ 54*) — Criminal Contempt — Nature of Proceedings.'</p> <p>A contempt for which one may be punished by fine or imprisonment, in vindication of the authority .of the court and to sustain the majesty of the law, is in its nature a distinct criminal offense and must be laid as such in some appropriate form.</p> <p>[Ed. Note. — For other cases, see Contempt, Dec. Dig. § 54.*]</p> <p>4. Injunction (§ 230*) — Violation—Criminal Contempt — Proceedings.</p> <p>Moving papers to punish respondents for criminal contempt in violating an injunction, while not required to be prepared with the nicety and precision- of an indictment, must, nevertheless, clearly specify the acts which the respondent will be called upon to meet, and advise him, .in some form, that the judgment sought against him is of a punitory character; it being insufficient that the papers pray that respondents be “attached for contempt.”</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. §§ 502-516; Dec. Dig. § 230.*]</p> <p>5.